D.C. Circuit Holds Corps’ Advance Notice of Proposed Rulemaking Seeking Public Input Defining ‘Waters of the United States’ Did Not Reopen Rule for Challenge April 2008

Environmental Groups File Lawsuit Challenging Delta Biological Opinion Affecting the Central Valley and State Water Projects October 2005

District Court Judge Wanger Issues Order Regarding New Request for Interim Injunctive Relief in Pacific Coast Federation Case December 2008

News from the West December 2008

In Challenge to Operation of State and Federal Water Projects, Federal District Court Denies Request to Order Increased Flow Releases and Opening of Diversion Dam August 2008

Federal Judge Partially Invalidates Salmonid BiOp for Inconsistent Conclusions and Failure to Address Climate Change Impacting California’s Water Projects May 2008

News from the West December 2007

Klamath River Project Litigation Demonstrates Endangered Species Act Effects on Agency Decisions May 2006

Ninth Circuit Rejects Klamath Irrigation Plan as Insufficient to Protect Salmon December 2005

District Court in California Dismisses Yurok Tribe’s Claim Regarding Federal Reserved Water Rights May 2005

Klamath Irrigation Project Woes Continue as United States Ceases Nearly All Deliveries to Irrigation Users under 2001 Operations Plan May 2001

Klamath Irrigation Project Woes Continue as United States Ceases Nearly All Deliveries to Irrigation Users under 2001 Operations Plan May 2001

Ninth Circuit Holds that Biological Opinions by the National Marine Fisheries Service Are Inadequate July 2001

Ninth Circuit Holds that Biological Opinions by the National Marine Fisheries Service Are Inadequate July 2001

Federal/Orego: Ninth Circuit Holds that Biological Opinions by the National Marine Fisheries Service Are Inadequate July 2001

California Court of Appeal Rules Department of Water Resources Must Make a Determination that Its Revenue Requirements Are Just and Reasonable December 2003

Fourth District Court Affirms Enforcement of Homeowners Association’s Unrecorded Architectural Guidelines May 2008

News from the West October 2009

Washington Court of Appeals Issues New Interpretation of State’s Water Rights Relinquishment Statute August 2009

California Supreme Court Grants Review of Case Upholding Water Board Authority to Regulate Effects of Timber Harvesting August 2004

California Supreme Court to Review Two Decisions Regarding Inter-Agency Jurisdiction over Timber Harvesting Operations August 2004

California Department of Forestry Approval of Timber Harvest Plan Did Not Preclude the SWRCB from Separately Requiring Water Quality Protection Measures May 2004

Ninth Circuit Holds Clean Air Act Preempts California’s Marine Vessel Rules April 2008

Massachusetts State Land Court Holds Transfer of Water Withdrawal Rights Effective for Hydroelectric Dam Company August 2009

Superior Court Finds City Abused Its Discretion in Denying a Mobilehome Park Conversion Application as Incomplete May 2009

Environmental Groups Sue California Department of Fish and Game for Violating CEQA and Its Own Policies when Stocking Fish December 2006

Federal Court Denies Metropolitan's Motion to Dismiss Suit Regarding Leakage from Aqueduct Tunnel May 2001

Federal Court Denies Metropolitan's Motion to Dismiss Suit Regarding Leakage From Aqueduct Tunnel May 2001

Colorado Supreme Court Holds Claimed Conditional Appropriations by Governmental Water Suppliers Lacked Sufficient Evidence January 2010

Colorado Supreme Court Refines ‘Great and Growing Cities’ Doctrine for Municipal Water Providers Seeking to Meet Future Water Demands January 2008

District Court Rejects Tribal Claim against City of Los Angeles Regarding 1941 Land Exchange and Water Rights April 2007

Sixth District Holds that Groundwater Augmentation Charges Are Subject to Proposition 218 July 2007

District Court Finds that Confederated Tribes of the Colville Reservation Are Not ‘Persons’ under CERCLA October 2009

Ninth Circuit Upholds EPA Unilateral Order Mandating CERCLA RI/FS Regarding Releases to Columbia River Originating from Canadian Disposal Site October 2006

District Court in Washington Holds that CERCLA Applies to Pollution Originating in Canada that Migrates by River into the United States January 2005

First Appellate District finds Monthly Base Rate for Water Service Is a Property-Related Fee, Not an Assessment, under Article XIII D of the California Constitution October 2009

United States Supreme Court: Landowners May Bring Inverse Condemnation Actions for Regulatory Takings when They Acquire Property after Imposition of Regulations October 2001

FEMA Sued in Federal District Court for Issuance of Flood Insurance Constituting a Violation of the Endangered Species Act November 2009

Second District Holds Los Angeles’ Inclusionary Housing Requirements Violate Costa-Hawkins Rental Housing Act October 2009

New Jersey Supreme Court Draws Hard Line between Riparian Rights and a Riparian Grant June 2007

Groups File CEQA Challenges to U.C. Campus Expansion Plans—Win Preliminary Injunction May 2007

Tenth Circuit Finds Citizen Suits under the Clean Water Act Seeking Equitable Relief Are Not Barred by Concurrent Administrative Enforcement Actions January 2006

New York District Court Uses "Source of Knowledge" Standard to Decide Breach of Warranty Action May 2003

Eleventh Circuit Holds that Federal Court Jurisdiction Exists for Case Alleging Violation of State-Issued Clean Water Act Permit November 2004

District Court Rejects Argument that Retroactive Application of CERCLA Section 113 Is Unconstitutional. June 2003

City Found In Breach of Implied Contractual Covenant of Good Faith and Fair Dealing over the Renovation and Leasing of a City’s Amphitheater March 2004

Water Utility May Not Condemn Property for NonWater Related Services June 2002

California Court of Appeal Rules that State of California Is Liable for Flood Control Damage Due to Faulty Levee Construction January 2004

California Court of Appeal Considers Objections to Decision at October 12, 2001 Hearing in Paterno Flood Liability Trial November 2001

Will New Flood Case Mean a Flood of Damages Paid to a Flood of Plaintiffs? Supreme Court Denies Review of Paterno Decision April 2004

District Court Finds Storm Water Runoff from Construction Projection Is Proper Basis for Clean Water Act Jurisdiction April 2007

District Court Finds Storm Water Runoff from Construction Projection Is Proper Basis for Clean Water Act Jurisdiction May 2007

Fourth District Court Holds Dedication of 42-Foot Cross on War Memorial Site by City of San Diego to the U.S. Does Not Violate California Constitution January 2007

Ninth Circuit Finds San Diego's Sale of Property, Containing a 43-foot High Cross, Did Not Violate the No Preference Clause of the California Constitution. November 2001

Virginia State Court Issues Temporary Injunction against Shenandoah Valley Sewage Treatment Facility for Discharges into Shenandoah River April 2007

News from the West December 2009

District Court Finds Suffolk County Not Liable under the Clean Water Act for Pesticide Use Resulting in Fish Kills January 2009

News from the West May 2009

New Mexico Court of Appeals Finds Appeal Provisions in Statute Governing Decisions by Commissioners of Acequias Constitutional December 2008

New Mexico District Court Orders De Novo Appeal in Northern New Mexico Acequia Lawsuits Challenging Acequias’ Authority to Deny Water Transfers November 2007

News from the West January 2008

News from the West March 2008

District Court Adopts Equitable Tolling for Statute of Limitations—Clarifies Prevention of Significant Deterioration Test in Clean Air Act Claims February 2009

Utah Supreme Court Holds Statutory Requirement of Applicant Verification under Oath Is Not Satisfied by Attorney’s Signature June 2008

Court of Appeal Upholds Voter's Adoption of Orange County Charter May 2003

California Supreme Court Finds Prosecutors May Pursue a Civil Enforcement Action Against A Public Utility While An Investigation by the Public Utilities Commission Is Ongoing February 2004

Orange County District Attorney Settles Suit against Shell Oil for Contamination Flowing from Underground Storage Tanks March 2005

Third District Holds Attorney General Cannot Recover Attorneys’ Fees under the Private Attorney General Doctrine when Acting on Behalf of California May 2007

Illinois Supreme Court Rejects Retroactive Application of Statutory Amendment, Upholds Ruling that State Environmental Law Does Not Authorize Injunctive Relief April 2005

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Settlement in People v. San Bernardino Offers Fresh Blueprint to Assess and Mitigate Climate Change Impacts under CEQA October 2007

Third Appellate Court: Looking at Gold Dredging, Defines a River’s “Banks” under California Fish and Game Code May 2004

First Circuit Applies Spill Prevention Provisions of the Clean Water Act to Small Business June 2001

Sixth District Finds City’s Failure to Fully Evaluate Reduced Size Alternative Violated CEQA October 2006

Third District Court Affirms State Water Resources Control Board’s Use of Term 91 in Water Permits January 2008

Texas Court of Appeals Invalidates “As-Is” Clause in Property Sales Contract when Underground Tank and Hazardous Waste Are Not Disclosed December 2003

First District Finds San Francisco’s Relocation Assistance Landlord—Tenant Ordinance Does Not Violate the Ellis Act May 2006

District Court Disqualifies Jointly-Rentained Expert Based on Conflict of  Interest Rules. June 2004

District Court in Colorado Finds 1891 Act Right of Way For Reservoir Does Not Vest upon Construction December 2009

Fourth Circuit finds Maryland’s State Prosecution of NPDES Violation Bars Companion Clean Water Act Citizen Suit June 2008

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Ninth Circuit Blocks Energy Development on Federal Land of Significance to Indian Tribe Because Federal Agencies Failed to Take ‘Hard Look’ at Project’s Impact January 2007

‘Principal County’ LAFCO Had Exclusive Jurisdiction to Establish Sphere of Influence for a Multi-County District within the Boundaries of the Local LAFCO’s County March 2006

Court of Appeal Finds Placer County's Decision to Prohibit Residential Development within One Mile of County Landfill Was Supported by Substantial Evidence. November 2001

New York Trial Court Finds Residential Discharge of Wastewater May Lead to Wetlands Violation Liability June 2007

Second District Court Upholds Environmental Impact Report, Paving the Way for a Water Transfer February 2010

News from the West February 2010

Second District Upholds Environmental Review for Castaic Lake Water Agency Water Transfer February 2010

Superior Court Rules Castaic Lake Water Agency Was Proper Lead Agency for Water Transfer EIR— Water Transfer Agreement Is Final and Cannot Be Set Aside May 2007

Environmental Groups File Petitions to Prevent Transfers of Water to Castaic Lake Water Agency May 2005

DWR’s Long-Awaited ‘Monterey Plus’ Draft EIR Is Released for Public Comment December 2007

Win Some. Lose Some. Will It Ever End? The War over Water Supply in the Santa Clarita Valley April 2005

Court Approves Settlement in Litigation over Monterey Amendments July 2003

California Supreme Court Declines to Review Court of Appeal's Decision Invalidating The Monterey Agreement EIR February 2001

District Court Temporarily Halts Intertie Project to Link Delta Canals April 2006

District Court Throws Out Property Damage and Medical Monitoring Claims Brought Following Contamination of Drinking Water Well March 2006

Tenth Circuit Finds Cleanup Action Brought against the U.S. under the Federal Tort Claims Act Is TimeBarred January 2003

District Court Finds Failure to Comply with Continuing Legal Obligations to Retain Records and File Reports May Constitute a RCRA Violation May 2006

Seventh Circuit Affirms Dismissal of Gun Range/Lead Pollution Suit under the Clean Water Act, RCRA and CERCLA for Lack of Standing November 2009

Seventh Circuit Rules CERCLA Section 113(H) Prohibits Citizen Suits Challenging Transfers of Federally Owned Superfund Property December 2007

Need for Drinking Water Does Not Require Public Utilities Commission to Provide Water Line Extension January 2006

Ninth Circuit Affirms Judgment against Port in Negligence Per Se Claim Related to Environmental Cleanup April 2005

Washington Supreme Court Decides Against Requiring a Water Right for  Stromwater Management June 2004

District Court Holds CERCLA Third-Party Contribution Claim Allowed as Stemming from Action under Section 9607 December 2008

Ohio Supreme Court Rules that State Lacked Authority to Convey Cuyahoga River Water Rights to the City of Akron May 2006

Eleventh Circuit Holds RCRA Does Not Permit Tort-Related Damages—Applies Discretionary Function Exemption of FTCA to Bar Common-Law Negligence July 2008

Fifth District Overrules Trial Court Decision Issuing Writ, Finding No Fair Argument of Significant Impacts of Housing Development February 2008

Developer Unsuccessful in Suing Michigan for Potential Trespass of State Contamination November 2004

District Court in Maryland Requires Evidence of Continuous Violations for Liability under the CWA but Not under RCRA November 2005

Tenth Circuit Identifies Factors to Consider When Assessing Penalties under the Clean Air Act October 2007

California Supreme Court Offers New Hope for Those Seeking to Trigger Coverage on Cleanup Costs Ordered by an Administrative Agency November 2005

California Supreme Court Addresses Landfill Liability for Water Quality Impacts: If No Damage Award, then No Indemnity November 2005

Second District Court Finds Vested Rights Are Superceded by California Coastal Act July 2008

Nevada Supreme Court Issues Opinion Concerning Forfeiture of Groundwater Rights November 2003

Fourth District Court Deems Statutes Creating Residency Requirements for Circulators of Municipal Referendum Unconstitutional March 2008

Fifth Circuit Upholds Jury Award for Breach of Duty to Defend under Pollution Endorsement-Based Insurance Policies October 2004

Supreme Court Holds Recreational Use Immunity Statute Shielded PG&E from Personal Injury Claims Sustained on Utility Easement May 2009

Utah Supreme Court Reaffirms that only the Record Owner of a Water Right may File a Change Application June 2004

U.S. Supreme Court Denies Certiorari in Pronsolino—Section 303 of Clean Water Act Applies to Nonpoint Source Impaired Waters in Ninth Circuit August/September 2003

TMDL Regulations Apply to All National Waters: Even if Only Affected by Nonpoint Source Pollution July 2002

Fourth District Holds Subdivision Lands Act’s Regulation of Architectural Control Committees Inapplicable to Standard Subdivision, but Not a Bar to Suit November 2005

Fifth District Court Orders Merced County to Pay Petitioner’s Attorney’s Fees in CEQA Case August 2005

Court of Appeal Confirms Attorneys Fee Award for Initiating Action that Lead to Positive Impact on Public Interest July 2005

Fifth District Sets Aside EIR Because of County’s Failure to Include Sufficient Findings to Support Certification in Administrative Record August/September 2003

Washington State Pollution Control Hearings Board Issues Rulings—Department of Ecology Establishes Policy for Determining Water Rights in Washington October 2004

Water Agency’s EIR Found Invalid under CEQA for Failure to Include a Statement of Reasons May 2004

Third Circuit Holds Prudential Insurance Failed to Establish RICO Claim against Asbestos Manufacturers and Sellers April 2004

Ninth Circuit Denies Request for an Emergency Request to Bar Mexican Trucks on U.S. Highways. July 2002

New Regulations Permitting Mexican Motor Carriers to Travel Beyond the "Border Zone" Subject To NEPA, Clean Air Act Review March 2003

Colorado Supreme Court Revisits the Distinction Between Contractual Water Delivery Rights and Adjudicated Water Rights May 2006

District Court Lacks Jurisdiction over RCRA Citizen-Suit Requesting Remediation Beyond that Required by EPA under CERCLA December 2007

Washington State Court of Appeals Upholds Preliminary Permit for Groundwater Testing April 2007

State Decisions: Washington State Supreme Court's "Sullivan Creek" Decision Applies Clean Water Act § 401 Certification Decision in Elkhorn to Existing State Water Rights November 2002

Washington Supreme Court Rejects Application of a Public Interest Criteria Test in Determining Transfers of Surface Water Rights: The Sullivan Creek Decision October 2002